
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12643]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
   CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
 
Sec. 12643. Boards for appointment, promotion, and certain other 
        purposes: composition
        
    (a) Except as provided in section 612(a)(3) of this title and except 
for boards that may be convened to select Reserves for appointment in 
the Regular Army, Regular Navy, Regular Air Force, or Regular Marine 
Corps, each board convened for the appointment, promotion, demotion, 
involuntary release from active duty, discharge, or retirement of 
Reserves shall include at least one member of the Reserves, with the 
exact number of Reserves determined by the Secretary concerned in his 
discretion.
    (b) Each member of a board convened for the selection for promotion, 
or for the demotion or discharge, of Reserves must be senior in rank to 
the persons under consideration by that board. However, a member serving 
in a legal advisory capacity may be junior in rank to any person, other 
than a judge advocate or law specialist, being considered by that board; 
and a member serving in a medical advisory capacity may be junior in 
rank to any person, other than a medical officer, being considered by 
that board.

(Aug. 10, 1956, ch. 1041, 70A Stat. 11, Sec. 266; Pub. L. 96-513, title 
V, Sec. 501(4), Dec. 12, 1980, 94 Stat. 2907; Pub. L. 97-22, Sec. 2(c), 
July 10, 1981, 95 Stat. 124; renumbered Sec. 12643, Pub. L. 103-337, 
div. A, title XVI, Sec. 1662(h)(2), Oct. 5, 1994, 108 Stat. 2996.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
266(a)................................  50:1005(a).                          Ju
ly 9, 1952, ch. 608, Sec.  254,
266(b)................................  50:1005(b).                           6
6 Stat. 496.
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---------------------------------

    In subsection (a), the words ``under * * * prescribed'' are 
substituted for the words ``in accordance * * * established''.
    In subsection (b), the words ``in rank'' and ``by that board'' are 
inserted for clarity.


                               Amendments

    1994--Pub. L. 103-337 renumbered section 266 of this title as this 
section.
    1981--Subsec. (a). Pub. L. 97-22 substituted ``Except as provided in 
section 612(a)(3) of this title and except for Boards that may be 
convened to select Reserves for appointment in the Regular Army, Regular 
Navy, Regular Air Force, or Regular Marine Corps, each board convened 
for the appointment, promotion, demotion, involuntary release from 
active duty, discharge, or retirement of Reserves shall include at least 
one member of the Reserves, with the exact number of Reserves determined 
by the Secretary concerned in his discretion'' for ``Except as provided 
in section 612(a)(3) of this title, each board convened for the 
appointment, promotion, demotion, involuntary release from active duty, 
discharge, or retirement of Reserves shall include an appropriate number 
of Reserves, as prescribed by the Secretary concerned under standards 
and policies prescribed by the Secretary of Defense''.
    1980--Subsec. (a). Pub. L. 96-513 substituted ``Except as provided 
in section 612(a)(3) of this title, each'' for ``Each''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.
